In 2004, the California Legislature enacted Assembly Bill 728, changing the statutory framework surrounding liquidated damages clauses in purchase contracts for new condominiums. AB 728 added a subdivision (f) to Civil Code section 1675. Section 1675(f) did away with the existing presumption that purchase deposits for newly constructed condominiums were unreasonable as liquidated damages if they exceeded 3% of the purchase price. As originally conceived, the aim of 1675(f) was to encourage developers to build condominium projects. The Legislature figured that if developers could take larger deposits from buyers, they could more easily finance their projects and would be incentivized to build.

Shustak Frost & Partners, P.C., based in San Diego and New York City, announced that Marianne Barth, Esq. has joined the firm as a partner to head the firm's new, Family Law practice group. "Adding Marianne was a natural fit for our firm" said Erwin J. Shustak, Esq., the firm's managing partner. "Over the years we have developed a reputation and expertise in complex financial and securities fraud cases, with in depth experience dealing with financial disclosures, analyzing financial statements and tax returns and locating hidden assets. Many of our clients have come to us asking us to use that experience in connection with their complex, high net worth divorces and family law matters. Marianne has the family law and trial experience which now allows us to offer our clients advice and representation in their personal matrimonial and family law matters. In light of the recommendations adopted as part of the Elkins Family Law Task Force last year, matrimonial and family law cases will involve many more plenary, full blown trials which will require experienced trial attorneys like Marianne who are familiar with and experienced in actual trial work and as well as Family Law", Shustak added.